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The past twenty years have seen an explosion of state laws focused on bathroom access, including laws that both restrict and expand the ability of people to access basic needs in public. Through an analysis of several distinct state-level policies that regulate bathrooms along the dimensions of gender and gender roles, gender identity, and disability, the author argues that bathroom access is an important aspect of citizenship, signaling both physical and symbolic exclusion and inclusion. Social citizenship requires that individuals and groups be able to fully take part in the public sphere, yet denying toilet access means that individuals can only exist in public for as long as they can 'hold it.' Thus, ensuring equal access to bathrooms – or denying it to targeted groups – becomes a powerful way for society to define who is a full citizen and to indicate who belongs and who doesn't in public spaces.
We evaluate three measures of state legislative professionalism: Squire’s (1992) index that measures professionalism relative to the US House, Bowen and Greene’s (2014b) two-dimensional scaling, and legislative operating expenditures per member, an older measure that remains in occasional use. Replications of 18 recent articles show that these three measures regularly produce significantly different estimates of the effect of professionalism, particularly in longitudinal analysis; when they do, the choice of measure often affects whether other central variables retain a significant relationship with the dependent variable. These divergent results appear to reflect differences among these measures in terms of missingness, vulnerability to outliers, measurement of session length, and whether to benchmark to the US House. Researchers seeking a general indicator of professionalism should consider these differences when choosing an appropriate measure.
The development of multilevel regression and poststratification (MRP) has allowed scholars to more accurately estimate subnational public opinion using national polls. However, MRP generally recovers less accurate estimates from polls whose respondents are selected using cluster sampling – also called area-probability sampling. This is in part because cluster-sampled polls rely on a complex form of random sampling focused on national representativeness that may result in small or unrepresentative subsamples in subnational geographies. This has limited MRP’s usefulness in subnational opinion estimation in several contexts, including historical polls in the US, where cluster-sampling was common into the 1980s, and large academic studies in many countries today. In this paper, I propose two approaches to improve estimation from MRP with cluster-sampled polls. The first is pooling data from multiple surveys to produce a larger sample of clusters. The second is clustered MRP (CMRP), which extends MRP by modeling opinion using the geographic information included in a survey’s cluster-sampling procedure. Using simulations, I show that both methods improve upon traditional MRP, and I validate them using historical polls in the US
During the COVID-19 pandemic, governors preempted local governments at unprecedented levels. A rich literature examines state preemption of local governments, but gubernatorial preemption – and the strategies governors use to do so – remain understudied. This paper examines what institutional and political factors influenced governors’ preemption style during the pandemic by analyzing a dataset of over 1,200 COVID-19 executive orders, classified by their style of preemption: ceiling, floor, or vacuum. Governors in states with high local autonomy rely on ceiling and floor preemptions. Republican governors are likelier to issue ceiling preemptions that bind local governments’ hands. Governors in states with ideologically dissimilar local governments tend to issue vacuum preemptions. When non-preempting previsions are dropped from the analysis, local autonomy does not significantly affect issuing one type of preemption over another. On the other hand, Republican governors are more likely to issue both ceiling and floor preemptions over vacuum preemptions. Governors in states with high ideological asymmetry are less likely to issue ceiling and floor preemptions over vacuum preemptions. These findings provide insight into gubernatorial behavior, interactions between state and local governments, and how theories of federalism can teach us more about how governments respond to crises.
Legislative staffers are an invisible force in legislative bodies that provide every imaginable service. It is doubtful that modern legislatures could operate without them. Prior studies of Congressional staffers have found evidence that staffers not only aid but also exert an independent influence on the policy-making process through network effects. In this article, I test if this extends to state legislative staffers using novel data from shared staffer networks in Arizona, Indiana, and New Mexico. I argue that, compared to their Congressional counterparts, state legislative staffers are more akin to ‘clerks’ than ‘political professionals’ and this limits their ability to independently influence policymaking at the state level.
Are workers effective lawmakers? Throughout American history, some politicians and elites have argued that white-collar Americans are more qualified than working-class Americans to govern. To date, however, we know relatively little about the legislative effectiveness of working-class lawmakers. I develop a theory of class-based electoral selection that links class-based discrimination in elections to legislators’ performance in office. I argue that working-class candidates face class-based biases in elections that make it more difficult to emerge and successfully win elective office. As a result, I expect the working-class candidates who do become lawmakers to be equally or more effective than their white-collar colleagues. To test these expectations, I create a data set merging the occupational background of more than 14,000 individual state legislators with their state legislative effectiveness score (SLES). The resulting data set includes more than 50,000 state legislator-term specific observations. Consistent with my expectations, I find that working-class lawmakers do not underperform white-collar lawmakers. Further, I provide evidence that, across various models and specifications, the gap between working-class and white-collar legislators’ effectiveness is negligible.
Means, Motives, and Opportunities illuminates how states spend public money through the lens of governmental structure, executive power, and interest group competition. Christian Breunig and Chris Koski argue that policymaking is a function of not only policymakers' means (powers), but of their motives (issues) and opportunities (interest group competition) for change. Using over twenty-five years of data across all fifty US states, four in-depth case studies, and multiple examples of budget battles, the book describes a budget-making environment in which governors must balance the preferences of interest groups with their own, all while attempting to build a budget that roughly balances. While governors are uniquely powerful, the range of changes they can make is largely impacted by interest group competition. By showing how means, motives, and opportunities matter, the book shows how spending decisions at the state level influence nearly every aspect of American life.
A single-state budget directs billions of taxpayer dollars to carry out various political and policy goals. Governors as chief executives have the fiscal responsibility to construct budgets, the political desire to create public policy, and the institutional means to achieve these goals. They seek out opportunities to make substantial changes in public policy provided to them by interest groups. Different interest group environments across policy issues thereby motivate gubernatorial intervention with distinct short- and long-term rewards. Nearly three decades of data from all American states substantiates these claims and shows real consequences: Policy issues and their corresponding budgets that experience short-term shocks grow more slowly over time. American governors change the fiscal landscape of a state when they are motivated to intervene in a policy domain and are enticed by interest groups to use their institutional powers.
Governors are motivated to change public policy in response to issues and have powers that influence the shape and direction of budgets; however, interest groups are ultimately providing opportunities for action. We conclude with some broad recommendations for institutional and political tinkering in the American states. Specifically, we argue that policymakers can embrace the inevitability of interest group involvement in policymaking and be more thoughtful about the way they structure policies. This process enables diversity – by which we mean more groups with difference and alternative policy concerns – in representation. In addition, we argue that decentralization of gubernatorial power over the budget to alternative institutions could facilitate budgets that are more responsive to problems.
In this chapter, we first summarize literature in public policy process theory, political institutions, state politics, and interest groups. We leverage this scholarship to offer a detailed argument about state budgeting that proceeds in three steps. The first step is about how policy issues provide motives for action. The second step is about how the formation of interest groups around issues makes those issues more or less amenable to policy change. The third step is about how the institutional strength of the executive – in this case, a governor – provides the means to change policy given the interest group context surrounding issues. Our claim is that issues provide the motives, interest groups provide the opportunities, but the extent to which governors act on those opportunities depends on their means.
The chapter reviews the geographic aspects of Madisons system at the local, state, and regional levels. It begins with the crucially important rules that translate citizens votes into seats in Congress. It then describes how the advent of computers made it easier for politicians to evade traditional anti-gerrymandering rules and argues for an alternative, computerized approach that is simultaneously neutral, transparent, and respects the constitutional principle community. The scheme is further described in an Appendix. The chapter then turns to the states role in fostering political consensus within their borders while leaving room for different policy choices on the national scale. It concludes by examining how voters pushed the federal government into expansive missions that undermined the Framers principle of limited government and produced a bloody Civil War. The result was a new uncertainty over just where federal power begins and ends which still exists today.
Between 1930 and 1980, the U.S. census bureau moved from using a Mexican as a racial category to Hispanic as an ethnicity. In between, the census bureau tried multiple ways to count Mexican Americans, Spanish Americans, or Latinos. Each measure the bureau tried ran headlong into differing subnational understandings of ethnicity, race, and Americanness. To understand Latino racial formation in this critical period, then, requires looking to the states. This paper explores the census counts in the southwest states between 1930 and 1970. Contextualizing these numbers with a history of differing state policies on language, marriage, and political inclusion reveals the importance of state-specific understandings of race and identity to understanding United States racial formation.
In the aftermath of the United States’ 2020 presidential election, state legislatures have introduced and passed an unprecedented number of restrictive voting bills. While past research has looked at the state-level drivers of restrictive voting legislation, this project explores what factors predict which legislators within states push for these laws. Specifically, I ask whether district-level characteristics predict when lawmakers use bill sponsorship to send messages about their positions beyond those sent by simple roll-call votes. I use theories of geographical threat and racial resentment to predict where sponsorship of these bills is most likely. My results tie these theoretical expectations to observed legislative activity: the whitest state legislative districts in the least-white states were the most likely to be represented by lawmakers who sponsored restrictive bills, as were districts with the most racially resentful white residents. I conclude that, despite lawmakers justifying these restrictive laws by claiming that fraud is a major problem, race and racism are inherently tied to the introduction and passage of these bills. This raises important questions about commitments to multiracial democracy.
Common examples of governance policies include regulations of lobbying, campaign-finance restrictions, and term limitations. Although the public generally favors these good-government reforms, the laws often restrict the autonomy of political elites. The histories of lobby reform in New York, Georgia, and Michigan illustrate how governance policies might be adopted despite elite opposition. In the states, initial reform efforts came about due to agenda-setting events or policy entrepreneurs. Although legislators adopted lobby reforms, they preferred transparency to other lobby reforms given its limited effect on mutualistic relationships. Initial lobby laws required only disclosure and did not restrict legislator–lobbyist interactions much. Only with the advent of additional events and entrepreneurs were the initial laws strengthened to limit interactions. The histories of reform imply that narratives of policy innovation or diffusion may be complicated somewhat by elite interests and that governance policies, once adopted, may have a unique immunity from repeal.
We examine the historical effects of ethnic and racial diversification among legislators on identity group mobilization and the hiring of nonwhite lobbyists. We propose that diversification among legislators encouraged identity groups to lobby, that these groups hired lobbyists who reflected their members’ identities, and that all interests also hired lobbyists who reflected the identities of new legislative targets. We apply a Bayesian estimation approach to infer the identities of lobbyists who were active in the American states over several decades. We find that the election of African Americans to state legislatures encouraged black identity groups to lobby, that all identity groups, including those representing Hispanics or Latinos, generally hired lobbyists who reflected their members’ identities, and that the election of Asian Americans to state legislatures encouraged interests generally to hire Asian-American lobbyists. Hispanic or Latino lobbyists gained clients in response to diversification in more Democratic legislatures.
Edited by
Alan Fenna, Curtin University, Perth,Sébastien Jodoin, McGill University, Montréal,Joana Setzer, London School of Economics and Political Science
The United States case demonstrates the challenge of adopting and implementing effective and durable policies to address climate change in a political system that combines federalism with formal separation of powers at both federal and state levels. Federal legislative and executive branches have regularly failed in past decades to produce climate legislation, frequently limiting federal policy engagement to unilateral executive actions in select presidencies that often fail to endure. These challenges are exacerbated by growing hyper-partisanship and deep divides between states and regions in recent decades, whereby state opposition coalitions often form to veto or weaken federal initiatives. Some states have sustained their own climate policy regimes, contributing to some reductions in national emissions and providing potential models for future federal adoption. But state policy diffusion has generally proven uneven and demonstrated little capacity to motivate vertical diffusion through federal adoption.
We examine how institutional selection procedures affect the ideology of state supreme court chief justices. We argue that institutional selection methods empower those charged with choosing chief justices to select court leaders who reflect their own preferences, and we test this theory using data from all 50 American states from 1970 to 2017. Our results show that states that use popular elections to select chief justices tend to produce court leaders whose preferences reflect the electorate, and states that use commission-assisted elite appointment tend to produce chief justices whose preferences mirror those of political elites. While we find that peer election systems produce leaders with preferences similar to median court preferences, court preferences are also associated with other methods of chief justice selection.
Do reserved seats yield substantive representation for traditionally marginalized groups? To answer that question, we turn to a remarkable and little-studied institution: reserved seats for Native American tribes in the Maine House of Representatives. Tribal representatives, who can participate in debate but lack a vote, have represented tribes in Maine’s House of Representatives since statehood in 1820. We take advantage of a 1995 rule change that allowed tribal representatives to initiate legislation, and an original dataset of pro-tribal bills, to estimate the effect of reserved seats on the production of pro-tribal bills. We find that once tribal representatives were allowed to write bills, they produced over half of all tribal-related legislation during a 36-year period. Legislators with tribal constituents sponsored fewer relevant bills after the reform but continued to cosponsor pro-tribal legislation. Although our results show tribal representatives contribute to the legislative process, we caution that reserved seats are not a panacea for improving Indigenous representation.
We explore the policy feedback process and describe how state policies have evolved or devolved in the specific issue area of firearm laws and domestic violence. This chapter demonstrates how and when states respond to the need to reform their domestic violence laws and shows how key actors in that process, including legislators and interest groups, affect the content of the policy that is adopted. The chapter includes examples of states whose definition and scope of domestic violence laws vary and contrast them with each other and with federal law. We present six studies of states that differ in their legislative histories on domestic violence laws to identify key factors that can explain this variation; we test these factors in the quantitative analysis presented in Chapter 4.
In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Inequality Across State Lines illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-by-town response. This book goes beyond revealing the vast differences in how states respond to domestic violence, by offering pathways to reform.